Brown v. United States
Brown v. United States
Opinion of the Court
This appeal is from a judgment of the Municipal Court of Appeals
The trial judge found, after talking with the child, that she was incompetent to testify. But he permitted her mother,
This report was of course hearsay. It was not within the principle of spontaneous exclamations or of any other exception to the hearsay rule. “Under certain external circumstances of physical shock, a stress of nervous excitement may be produced which stills the reflective faculties and removes their control, so that the utterance which then occurs is a spontaneous and sincere response to the actual sensations and perceptions already produced by the external shock. Since this utterance is made under the immediate and uncontrolled domination of the senses * * * the utterance may be taken as particularly trustworthy * *
The Municipal Court of Appeals appar-' ently thought that the doctrine of spontaneous exclamations should be extended to cover a very young child’s completely calm narrative. We cannot agree. Very young children often fail to distinguish between subjective and objective experiences, between events which they dream or imagine and events which happen in the external world. They often fail to realize the importance which adults attach to this distinction and the consequences which innocent failure to draw it may produce. They know little or nothing of the effects which their recitals may have upon the liberty and reputation of others. This child is not shown to have been unusually advanced. On the contrary, the trial court found that she was incompetent to testify. It follows from all this that her story was not more but less trustworthy than it would have been if she had been an adult. If she had been an adult it would not have been received, as it was received, in the reflected form' of hearsay. The sev- . eral exceptions to the hearsay rule are due cither to the special trustworthiness of a special sort of hearsay or to a necessity for admitting it because equivalent direct testimony is lacking.
Our conclusion agrees with that of other courts.
Even if the child had been mentally disturbed when she told her story, the present case would not have been within the es
Reversal of appellant’s conviction will not, as has been suggested, grant legal immunity to men who abuse children in secret. As we held in the Snowden and Beausoliel cases, if a child makes spontaneous statements they are admissible in evidence when a foundation is laid for them, and either the child’s condition or the child’s testimony may lay the foundation. As we held in the Beausoliel case, if the trial judge concludes that the child may be worthy of belief he should allow her to testify. But if he cpncludes that she is still too young to be worthy of belief, this does not diminish the importance of excluding calm statements which she made out of court when she was even younger. A repellent charge does not destroy the presumption of innocence or justify a conviction on evidence which is neither competent nor trustworthy.
Reversed.
Brown v. United States, 40 A.2d 832.
Wigmore on Evidence, 3rd ed., § 1747. Beausoliel v. United States, 71 App.D.C. 111, 107 F.2d 292.
Brown v. United States, 40 A.2d 832.
Wigmore on Evidence, 3rd ed., § 1420.
Keefe v. State, 50 Ariz. 293, 72 P. 2d 425; State v. Rounds, 216 Iowa 131, 248 N.W. 500; State v. Coram, 116 W. Va. 492, 182 S.E. 83.
People v. Gage, 62 Mich. 271, 28 N. W. 835, 4 Am.St.Rep. 854; People v. Baker, 251 Mich. 822, 232 N.W. 381.
Wigmore on Evidence, 3rd ed., § 1761. Of. § 1754 and cases collected in § 1750.
Concurring Opinion
(concurring).
I concur in the decision. I also concur in that part of the opinion which treats of the testimony of police officers in regard to what the child had said “a day or two after the alleged assault,” and in regard to an officer’s testimony as to his “belief as to what appellant had done.”
While it may be useful to the trial court for us to pass upon the admission of the mother’s testimony as to the child’s expressions to her, the importance of the point and the inherent danger of attempting to delimit the admissibility of testimony of that class make me feel that the better course would be to pass upon it only when it becomes imperative that we do so.
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